Law Commons^™

Authors Stripped Of Their Electronic Rights In Tasini V. New York Times Co, 32 J. Marshall L. Rev. 409 (1999), Michael Spink

UIC Law Review

No abstract provided.

Federal Circuit's Forgotten Lessons: Annealing New Forms Of Intellectual Property Through Consolidated Appellate Jurisdiction, 32 J. Marshall L. Rev. 581 (1999), Chris J. Katopis

UIC Law Review

No abstract provided.

35 U.S.C. 103: From Hotchkiss To Hand To Rich, The Obvious Patent Law Hall-Of-Famers, 32 J. Marshall L. Rev. 437 (1999), George M. Sirilla

UIC Law Review

No abstract provided.

Twenty-First Century Patent System Improvement Act: Is It Really An Improvement, 32 J. Marshall L. Rev. 725 (1999), Aimee Boss

UIC Law Review

No abstract provided.

Deleting The Bolar Amendment To The Hatch-Waxman Act: Harmonizing Pharmaceutical Patent Protection In A Global Village, 32 J. Marshall L. Rev. 751 (1999), Ned Milenkovich

UIC Law Review

No abstract provided.

Licensed To Steal: Has Sovereign Immunity Gone Too Far, 32 J. Marshall L. Rev. 779 (1999), Sulaiman M. Qazi

UIC Law Review

No abstract provided.

It's A Wonderful Genome: The Written-Description Requirement Protects The Human Genome From Overly-Broad Patents, 32 J. Marshall L. Rev. 805 (1999), Emanuel Vacchiano

UIC Law Review

No abstract provided.

Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith

UIC Law Review

No abstract provided.

Classic Films And Historic Landmarks: Protecting America's Film Heritage From Digital Alteration, 33 J. Marshall L. Rev. 185 (1999), Helen K. Gieb

UIC Law Review

No abstract provided.

Music Included On Software Downloaded From The Internet: Public Performance Or Private Use, Christopher Paul Moore

UC Law SF Communications and Entertainment Journal

This note addresses the applicability of the public performance right when software creators license copyrighted music to include on software that is sold and delivered directly over the Internet. This note contends that when software is bought from a site on the Internet, and then digitally downloaded to a consumer, a public performance has occurred under section 106(4) of the Copyright Act.

Preparing Your Music Client For Web Distribution, Stephanie Brauner

UC Law SF Communications and Entertainment Journal

Digital transmission of recordings is becoming an extremely important method of distribution. As this method of distribution becomes increasingly common, attorneys practicing in this industry will be compelled to advise their clients of the choices available in releasing their musical expressions on the Internet. This article provides a basic overview of the digital transmission process, discusses the current state of copyright protections for musicians and the failings in those protections, and will present other viable options that allow for the protection of a client's interests.

Foreword, Chelsea M. Doerrie

UC Law SF Communications and Entertainment Journal

No abstract provided.

Panel Discussion - To Bot Or Not To Bot: The Implications Of Spidering, David Kramer, Jay Monahan

UC Law SF Communications and Entertainment Journal

Mr. Kramer and Mr. Monahan discuss the issues raised by the use of bots on the Internet and the implication of such use in litigation. Bots, or spidering programs, are software devices used to access specific information contained on web sites. Bots are commonly used when search engines comb the web to generate responses to queries. However, other less than noble uses, including the gathering of e-mail addresses for "spamming" and the taking of a site's content and reposting it elsewhere, raise complex legal issues and have generated considerable litigation.

Symposium Presentation: Doing Internet Co-Branding Agreements, Eric Goldman

UC Law SF Communications and Entertainment Journal

Mr. Goldman discusses many important issues that need to be considered when deciding to participate in and when drafting co-branding agreements, but which are often overlooked. As internet co-branding has become ubiquitous as a means of combining one website's functionality and another's marketing muscle in online business, practitioners handling co-branding agreements face the challenge of choosing the correct legal paradigms as starting points in these kinds of negotiations. Co-branding agreements often incorporate advertising, trademark licensing, service provisions and domain name components. In light of this complexity, choosing the wrong starting point can frustrate the process by omitting key issues from …

In Vento Scribere: The Intersection Of Cyberspace And Patent Law, Max Oppenheimer

All Faculty Scholarship

No abstract provided.

Chasing The Future: Has The Digital Performance In Sound Recordings Act Of 1995 Kept Pace With Technological Advances In Musical Performance, Or Is Copyright Law Lagging Behind, Steven V. Podolsky

UC Law SF Communications and Entertainment Journal

Ever since jukeboxes and taped music began replacing bands in many restaurants and bars, performing musicians have been deprived of earnings and protection from unauthorized performance of their work. Digital technology exacerbated the problem by creating super quality sound that can be duplicated without a loss of quality. The Internet, which has become a medium for distributing prerecorded music, has the potential for doing damage to ownership interests throughout the entire recorded music industry. In just a few seconds, anyone with Internet access can retrieve, store, and listen to the performance without paying royalties to the performers. This article discusses …

The Case For A Specialized Copyright Court: Eliminating The Jurisdictional Advantage, Michael Landau, Donald E. Biederman

UC Law SF Communications and Entertainment Journal

Many of those who specialize in copyright law have become increasingly dismayed by the degree to which the outcome of copyright cases depends upon the venue in which an action is brought. Beyond this, copyright is a highly specialized and technical body of law, and some of its aspects seem to us to be the sort that would be best handled by specialized judges. This article discusses the history of existing specialized courts, and examples that demonstrate that the current system of copyright adjudication works poorly. The authors then recommend the creation of a national copyright court that follows the …

Swapping Claims In Cyberspace: Legal/Technical Context And Negotiation Stategies For Domain Name Deals, Jefferson F. Scher

UC Law SF Communications and Entertainment Journal

Domain names continue to perform multiple functions as mnemonic addresses for Internet devices, trademarks for new or established businesses, and "search terms" for those who don't know where else to look. This article speaks to the operation of the domain name system, and discusses many business issues that accompany the ownership of a domain name.

International Copyright Law And The Electronic Media Rights Of Authors And Publishers, Irene Segal Ayers

UC Law SF Communications and Entertainment Journal

This article looks at recent cases resolving disputes over the electronic media rights of freelance journalists and publishers in the United States and Europe. This article considers the implications of conflicting case law for international electronic trade in copyrighted works and suggests international solutions that attempt to balance fairly the competing interests of freelancers, publishers, and the new electronic media industries.

When Cyberspace Meets Main Street: A Primer For Internet Business Modeling In An Evolving Legal Environment, Christopher Paul Boam

UC Law SF Communications and Entertainment Journal

With the increasing use of the World Wide Web, the Internet consumer will, for better or worse, change the "shop around the comer." However, the advent of electronic commerce can have the capacity to be the great equalizer. This technology, which allows the smallest of entrepreneurs to enter millions of households throughout the world also subjects them to innumerable conflicting foreign laws and jurisdictions and magnifies the legal impact of any content errors. The ability to enter the households of millions of unknown persons also poses difficult challenges of identification, privacy, and security. The collective impact of these peculiar characteristics …

Symposium Presentation: Tales Of An E-Commerce Lawyer: When Every Decision You Make Is A You Bet Your Company Decision, Michael Scott

UC Law SF Communications and Entertainment Journal

Mr. Scott gives an overview of how the Internet and e-commerce have changed the practice of law. He notes that business today is almost instantaneous, in what he refers to as "Internet time," so a wrong business decision can spell disaster. He also discusses the implications of these almost instantaneous business decisions in the context of copyrights, patents, comparison sites, gaming and spamming.

Symposium Presentation: Legal Recognition Of Digital Signatures: A Global Status Report, Richard Allan Horning

UC Law SF Communications and Entertainment Journal

Mr. Homing traces the evidentiary roots of the "put it in writing" axiom and asks "where is the writing in e-commerce?" He discusses the legal response to the new evidentiary problems raised by that question in the context of online business, noting the need for new legal models to place such contracts within the Statute of Frauds.

Symposium Presentation: Business And Patents And Business Patents, Michael A. Glenn

UC Law SF Communications and Entertainment Journal

Mr. Glenn provides a general overview of patent law. He details recent developments in software patents, utility patents and business method patents. He concludes by emphasizing the notion that nearly everything is patentable, possibly even the business method for serving a meal, if such a method could be deemed useful, novel and nonobvious.

Taxation Of International Computer Software Transactions Under Regulation 1.861-18, Jonathan Purcell

UC Law SF Communications and Entertainment Journal

Transfer of computer software in the international context presents many complexities. Tension has developed between countries of manufacture and the countries of sale. Specifically, how should the income arising from such transactions and the resulting tax base be allocated between the nations where the purchaser and seller are located? Treasury Regulation 1.861-18 attempts to bring some clarity to the characterization of income from the international transfer of computer software. This note explains this regulation as it concerns the disposition of copyright ownership rights and copyrighted subject matter, as well as explores various tax planning opportunities.

Certainty, Fence Building, And The Useful Arts, Craig Allen Nard

Faculty Publications

In "Certainty, Fence Building, and the Useful Arts," 74 Ind. L.J. 759-800 (1999), the author, based upon contract theory, economic theory, and an empirical survey of federal district court judges, proposes that the United States adopt a patent opposition proceeding. Whereas United States trademark law allows for the publication of and third-party opposition to the issuance of a federal trademark, American patent law, unlike European and Asian patent systems, allows for no such proceeding regarding the patentability of a claimed invention before issuance.

The Sat Is No Laughing Matter For Seinfeld: Issues Of Copyright Infringement And Fair Use In Castle Rock Entertainment, Inc. V. Carol Publishing Group, Inc., Maria E. Sous

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Dilemma Of Intellectual Property Piracy In China, Jennifer S. Fan

Articles

This Article analyzes the effectiveness of China's intellectual property laws and the role they play in China's foreign trade and investment. It gives an overview of how intellectual property laws developed in China and explains why they have been inadequate, especially with respect to the protection of the interests of U.S. companies. It then illustrates why America's response to the piracy of intellectual property has been largely ineffective. The Article explains why China's strides in intellectual property law have fallen short of expectations and offers alternative methods of protecting intellectual property rights in China.

The New Wild West: Measuring And Proving Fame And Dilution Under The Federal Trademark Dilution Act, Xuan-Thao Nguyen

Articles

The passage of the Federal Trademark Dilution Act of 1995 (the Dilution Act or Act) has been widely celebrated, as evidenced by the number of related articles, speeches and symposia. Commentators who applauded the adoption of the Dilution Act believed that a dilution claim would now be easier to prove by trademark owners against diluters because trademark owners would not have to establish the troublesome factual issue of consumer confusion. The courts have embraced the Act, and it has already proven to be an effective weapon for trademark owners. One court has even suggested trademark owners asserting claims of dilution …

The Use Of Preclusion Doctrine, Antisuit Injunctions, And Forum Non Conveniens Dismissals In Transnational Intellectual Property Litigation, Peter Nicolas

Articles

Conflicting standards among the federal circuits over the applicability of inherent powers in the transnational intellectual property context and the divided authority regarding the jurisdiction of U.S. federal courts over foreign intellectual property claims severely hamper the ability of federal district courts to use these tools in such a manner so as to prevent parties in transnational intellectual property suits from engaging in strategic behavior. This Comment seeks to reconcile these conflicts where possible and, where irreconcilable, to demonstrate that the text and history of federal statutes conferring subject matter jurisdiction on federal courts and placing limits on their issuance …

The Antitrust Duty To Deal And Intellectual Property Rights, James C. Burling, William F. Lee, Anita K. Krug

Articles

This Article discusses how courts have addressed so-called ‘"duty-to-deal" antitrust claims involving intellectual property, and what they should do in those circumstances to ensure appropriate deference to the competition goals of intellectual property doctrine.

Part II discusses duty-to-deal principles in the general case, where intellectual property rights are not at issue, noting that hard and fast rules have yet to emerge.

Part III discusses the approaches courts have taken in the intellectual property context and contends that, although many courts have conducted their analyses with a view to the objectives of patent law, at least two have not, with potentially …